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Wills, estates & legal terms

Plain explanations of the legal terms you’ll meet: executors, estates, next of kin, probate, and what happens without a will.

An executor is the person named in a will to carry out someone's final wishes. They're responsible for paying any debts, closing accounts, and sharing what's left with the people listed in the will. If there's no will, a close family member usually takes on a similar role, called an administrator. They apply to the Supreme Court in their state or territory for permission to manage the estate through a document called Letters of Administration.

An estate is everything someone owned in their name when they died - like their bank accounts, property, car, or belongings. It's also used to pay any debts or bills before what's left is passed on to family or beneficiaries. If your spouse or partner held everything in their name - like the house, car, or bank accounts - those assets legally form part of their estate until they're transferred. This can feel deeply unsettling, especially when it's the home or finances you've shared every day. It doesn't mean you've lost them, but it does mean you may temporarily lose access while the estate is being sorted out. Before anything can be transferred, any debts or outstanding bills need to be paid from the estate. Once that's done, the remaining assets can be passed to the people named in the will or, if there's no will, according to the legal order set by the court. You may need to work with the executor or administrator to have ownership or access transferred to you.

If there's no will, the law decides who manages the estate and who receives what. This is called dying intestate. Usually, the next of kin - like a spouse, partner, or adult child - applies to the court to become the administrator and follows a set legal order for how things are shared.

Next of kin means your closest living relative. In Australia, that's normally your spouse or partner, then your adult children, parents, or siblings. They're often the first contact for banks, hospitals, and government services, especially when there's no will.

Probate is a legal step that confirms a will is valid and gives the executor permission to manage the estate. It's not always needed - smaller estates or joint assets often don't require it - but banks and government departments may ask for probate before releasing funds or property.